Lincoln Journal Star from Lincoln, Nebraska • 11

II I IT FRIDAY, FFBBrUARV 10, 19P9 UNCOtN, NE. JOURNAL UHUiiAUiiAL 311 Sexual assault conviction reversed Victim's mental care allowable as evidence Spire urges if gun laws arms repeal invalidated Chambers: Trooper mistaken that characteristics of the semen found on her clothing were common to only 12 percent of the black male population, including Trammeli But Trammel, represented by Deputy Lancaster County Public Defender Richard Goos, sought to have evidence of the woman's psychotic mental condition introduced, arguing that she identified him as ber attacker either to get even because he refused to give her money or because she was delusional The victim did not finish high school because she suffered a nervous breakdown and was hospitalized at the Lincoln Regional Center three times, the last when she was 27. Prescription sedative She testified that she continued to take a prescription sedative to calm her nerves. But the victim refused to consent to testimony about her mental illnesses and previous hospitalizations, and Lancaster County District Judge Donald En-dacott limited the evidence that could be introduced on the issue. While the high court found that evidence about her regional center hospi- By Associated Press The right-to-bear-arms amendment to the state constitution should be repealed if the Nebraska Supreme Court upholds recent rulings declaring state gun-control laws unconstitutional.

Attorney General Robert Spire said. Recent rulings by two Lincoln County district judges struck down-Nebraska gun laws barring felons from owning weapons and banning possession of defaced firearms. Both judges said the right-to-bear-arms amendment, passed by voters in November, rendered the laws unconstitutional Both cases are on appeal "If the courts uphold those rulings, we should consider repealing the amendment for public safety reasons," Spire said. "I do not think the people of Nebraska intended that effect "These judges are saying that anyone has the right to a gun," he said. talizations would be irrelevant because they occurred 12 or 13 years ago, it ruled that the defense should be permitted to introduce evidence about her current mental health treatment "The trial court was in error in permitting the victim to testify without permitting the defendant to discover and produce evidence concerning the current treatment of the victim's mental condition," the high court said.

"The error requires that the judgment be reversed and the cause remanded for further proceedings. 1979 Omaha slaying In another decision Friday, the high court affirmed the Douglas County District Court in denying post-conviction relief to Elijah Jones of Council Bluffs, Iowa, convicted of the 1979 shooting death of Elijah Kelly during a card game at an Omaha after-hours club. Jones sought to have his conviction overturned, saying his attorney should have called witnesses who would have established his claim of self-defense. Jones argued that he believed Kelly was pulling a weapon when he shot him. But the high court said the evidence showed Kelly did not have a gun and that after Kelly was trying to crawl away on the floor after Jones already shot him several times, Jones followed him around the card table and shot him repeatedly in the back.

EPA demands may eopardize Two Forks proj ect By Leslie Boellstorff Journal Writer A Lincoln man's conviction of first-degree sexual assault was reversed Friday after the Nebraska Supreme Court ruled he is entitled to introduce evidence on the victim's treatment for mental health problems. If the victim refuses to waive her patient-physician privilege to allow her mental health treatment to be discussed, she may face having ber testimony stricken from the record, the high court said in a unanimous five-judge opinion written by Judge Leslie Boslaugh. Found to be a habitual criminal, Robert E.C. TrammelL 44, was given an enhanced sentence of 15 to 45 years in prison for the sexual assault of a woman he had befriended two months earlier. dragged into bedroom Testimony showed the 40-year-old woman, $'ho suffered broken ribs and bruises, was dragged into her bedroom, where she was forced to have vaginal, anal and oral sex.

She identified Trammell as her attacker, while medical evidence showed Forks can be built under the federal Clean Water Act, is scheduled to discuss the project Friday with EPA's new national administrator, William Reilly, during a special Washington meeting. Scherer said he would announce his Two Forks decision this month. EPA officials declined to discuss specifics of any talks with Denver officials about the $500 million to $1 billion project Sea Jim Exon, D-Neb, on Thursday asked Scherer to reconsider his Jaa 17 decision not to release a legal opinion on the dam because it is privileged attor honors Sen. Exon it was regrettable that it could not pre sent the award to a Colorado elected official "We chose to give the award to Senator Exon because his action against Two Forks, which is the number one resource issue for Trout Unlimited in Colorado, represents the greatest commitment by a federal elected official to save Colorado's irreplaceable South Platte River," the group said. "There obviously needs to be some reasonable limits on the possession of firearms." Sea Brad Ashford of Omaha has sponsored a bill to require a seven-day period for handgun purchases.

He said Thursday, though, that it likely would be found unconstitutional under the right-to-bear-arms amendment Therefore, he said be intended to change his biU into a proposed constitutional amendment that would aDow reasonable restrictions on the right to bear arms, such as prohibiting felons from possessing firearms. In an Omaha World-Herald poll published Wednesday, almost four out of five people supported a seven-day waiting period for the purchase of a handgun. Of 621 registered voters surveyed, 79 percent supported the waiting period, 16 percent opposed it and 4 percent had no opinion. gotiations with federal regulators, said EPA officials "feel very strongly that Two Forks is the most environmentally damaging alternative It seems obvious that EPA will do everything they can to block the project or veto it" The controversial dam, which would supply water for 360,000 new residents, would flood more than 20 miles of a scenic canyon. Nebraska officials fear it would adversely affect downstream flows in the Platte River.

EPA Regional Administrator Jim Scherer, who must decide whether Two Colorado group A Colorado conservation group has given Sea Jim Exon, D-Neb, its 1988 Colorado Legislator of the Year Award. Colorado Trout Unlimited honored Exon for his efforts to protect the South Platte River from the Two Forks Dam project The group's annual award is supposed to go to the Colorado lawmaker whose workbest champions the mission of "preserving, protecting and enhancing the cold water resource." The group said By Associated Press A state trooper who said Sea Ernie Chambers of Omaha ran over his foot during a traffic stop was mistaken, Chambers said in a letter to State Patrol Superintendent Harold LeGrande. Chambers said he sent LeGrande the letter to clarify the Feb. 1 incident "for the record." He said LeGrande told him by telephone on the day of the incident that there was no evidence of tire marks on Trooper Mark Van Horn's shoe but he was going to the doctor for examination. On Feb.

2, LeGrande called Chambers and said the trooper, who had stopped Chambers for speeding, had gone to the doctor and no evidence of injury was detected "In view of the fact that there has been no physical evidence of my car having passed over the trooper's foot and my denial from the beginning of having driven over his foot, I must insist that the trooper made an error when he alleged that I ran over his foot," Chambers wrote. Lancaster County Attorney Mike Heavican said Friday he is waiting for more information before deciding what charges to press. "We obviously fully anticipate filing the. speeding charge," Heavican said. "As far as the foot charge, it may take weeks at least before we get a full medical readout on this guy's foot" Neither charge can be filed until the Legislature adjourns in May, Heavican said.

In his letter Chambers said be wanted the comments in writing to "prevent this Incident' from becoming the basis for some future (unsupported) allegation that I did something aggressive that justified' some type of force perhaps even, lethal against my person by some trooper." This possibility of trying to create the appearance of some sort of 'pattern of violent behavior against law enforcement personnel has been raised by a number of people. It must be nipped in the bud," Chambers wrote. Japanese cartoonist dies TOKYO (AP) Osamu Tezuka, one of Japan's leading cartoonists and animators, died Thursday of stomach cancer. He was 60. ney-client informatioa "I'm convinced that the internal EPA document Mr.

Scherer is trying to keep hidden will further erode his position to approve the project," Exon said. "At the most basic level, the attorney-client privilege has no applicability to the sharing of documents within the federal government," Exon said. Satisfaction Service Guaranteed! COMMUNITY FLOWERS GIFTS 70th Van Dorn The Meadows 489-6566 DENVER (AP) Administrators from the Environmental Protection Agency are insisting on requirements that could cause the Two Forks Dam project to collapse, Denver officials have warned suburban leaders. The EPA is insisting that Denver develop six smaller water projects before building the giant South Platte River reservoir, city officials said during a meeting Wednesday with 20 suburban Two Forks backers. The EPA also wants annual reviews to determine whether Denver is obeying that order and others tacked on by the US.

Army Corps of Engineers, Denver officials said. Those requirements effectively would strip them of the power to determine who gets Denver's crucial water reserves, a decision that could spell political doom for Two Forks, the officials told suburban backers. "I doubt we can successfully build it with these permit conditions and these institutional restraints," Denver Water Board member Elizabeth Hennessey said. "I think it's a mess. I'm an unhappy camper." Denver Water Board administrator Bill Miller, who has been overseeing ne Have You Bought About April 15, 1989? Bob Bryant and his staff have joined Larsen, Schroeder Associates CPA'S, and are now offering you tax planning and preparation for personal and business returns.

Call today for an appointment. Income Taxes Are Our Business Income Tax Preparation Estate Gift Tax Planning Accounting Auditing General Business Consulting Bookkeeping Payroll Tax Reporting Investment Analysis Larsen, Schroeder Associates, P.C Public Accountants 7V 7 Valentine Gifts froBM ttHie Heart I 1 Ml vyV i irwiiirf- i run "i tn i nnrrr-mi i 1 11 ir rni-TffinnriirirnifiTrnJ Paul Michael Sterling Silver 6211 'O' St Certified :9 a 4 1 Huh' $10 The perfect accessories for your wardrobe and the perfect gift for Valentine's Day. Select styles from this fashionable collection of earrings, necklaces, bracelets and pins. Fashion Jewelry. Dillard's Shop Gateway 10 a.m.-9 p.m.; shop Downtown 10 p.m.-5:30 p.m.

III II W.IIPH I. Mill l.lll 1 11.11.. II. Ml si ism? i I I v' -A Cv -II nr.rl. lT-mi I.m-IT ITnurM Lj, itiXeAnHliJn foil.